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ORDINANCE ON PHYSICAL TRAINING AND SPORTS (No

ORDINANCE ON PHYSICAL TRAINING AND SPORTS (No. 28/2000/PL-UBTVQH10 of September 25, 2000)

Physical training and sports constitute a cause of the State and the entire population.

In order to develop the cause of physical training and sports; enhance the effectiveness of State management over physical training and sports, aimed at enhancing the entire people�s health and physical development, contributing to the creation and fostering of Vietnamese personality and serving the national construction and defense;

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;

Pursuant to the Resolution of the Xth National Assembly, 6th session regarding the 2000 law- and ordinance-making program;

This Ordinance provides for physical training and sports.

Chapter I

GENERAL PROVISIONS

Article 1.- This Ordinance governs physical training and sport activities; determines rights and obligations of organizations and individuals involved in physical training and sport activities.

Article 2.- The State and society develop the national, scientific and popular physical training and sports.

The State exercises the unified management of the cause of physical training and sports; guides and inspects the implementation of physical training and sport development plans; makes rational investment in physical training and sports; and elaborates planning on the use of land for construction of physical training and sport stadiums and fields as well as material bases and public sport facilities.

Article 3.- The State encourages and creates conditions for all people to take part in physical training and sport activities and benefit from physical training and sport values; develops high-achievement sports to meet the international integration requirements; preserves and develops national sports in combination with the development of modern sports suited to Vietnam�s cultural identities.

Article 4.- The State encourages organizations and individuals to take part in the development of the cause of physical training and sports; diversifies physical training and sport establishments as well as forms of physical training and sport activities; and mobilizes all resources for building and development of physical training and sports.

Article 5.-

1. The State adopts policies and measures for the training and fostering of athletes, coaches, referees, administrators, teachers and lecturers specialized in physical training and sports so as to meet the requirements of developing the cause of physical training and sports.

2. The State creates conditions for and encourages the scientific research and the application of scientific and technological advances in physical training and sport activities.

Article 6.- Acts of fraud in physical training and sport activities; abusing physical training and sport activities to infringe on the national security, disturbing public order, adversely affecting fine traditions and customs, are strictly prohibited.

Chapter II

MASS PHYSICAL TRAINING AND SPORTS

Article 7.- Mass physical training and sports mean activities of physical and sport training, performance and competition voluntarily participated by the majority of the people.

The State develops mass physical training and sports with a view to enhancing the people�s health and harmoniously developing their physical and spiritual conditions.

Article 8.- The State bodies in charge of physical training and sports of all levels shall coordinate with the other State agencies, political organizations, socio-political organizations, economic organizations, social organizations, socio-professional organizations and people�s armed force units in stepping up the propagation and guidance for physical and sport training methods; form the habit of doing physical exercise daily for everyone; and build a contingent of mass physical training and sports instructors.

Article 9.- The Labor Confederation, the Ho Chi Minh Communist Youth Union, the Peasants� Association and other organizations shall have to encourage and support their members to participate in physical training and sport activities, and build sporting families; work out programs on physical training and sport activities; and organize the mass physical training and sport training, performance and competition in their respective organizations.

Article 10.-

1. The Ministry of Defense and the Ministry of Public Security shall coordinate with the Commission for Physical Training and Sports in stipulating the physical training regime in the People�s Army and the People�s Police.

2. The people�s armed force units shall create conditions for their officers and men to participate in physical training and sport activities.

Article 11.- The State and society create favorable conditions for and assist the elderly, disabled persons as well as people falling in extremely difficult circumstances to have opportunities for participation in physical training and sport activities; provide facilities and conditions for the training and competition in those sports exclusively for the elderly and disabled people.

Article 12.- The Commission for Physical Training and Sports shall coordinate with the Ministry of Culture and Information, branches and localities in exploiting and developing the national sports, paying attention to the sports of ethnic minorities. In festivals, sport and cultural contests, attention should be paid to the national traditional sports.

Article 13.-

1. The State encourages the organization of different forms of mass physical training and sport competition.

2. The contents, forms and regulations on mass physical training and sport competition must conform with the characteristics and conditions of concerned localities and units, and convenient for people�s participation.

3. Mass physical training and sport tournaments of branches, provinces, centrally-run cities or higher level must comply with the corresponding regulations approved by the competent State bodies in charge of physical training and sports.

4. Athletes competing in mass physical training and sports and making outstanding achievements shall be considered for grade promotion and recognition of the national sport records.

Chapter III

SCHOOL PHYSICAL TRAINING AND SPORTS

Article 14.-

1. The school physical training and sports cover physical education and extracurricular physical training and sport activities for learners.

2. Physical education in schools is compulsory, aiming to enhance the learners� health and physical development, contributing to the formation and fostering of their personalities, thus meeting the requirements of all-sided education for learners.

3. The State encourages extracurricular physical training and sport activities in schools.

Article 15.- The Ministry of Education and Training shall coordinate with the Commission for Physical Training and Sports in performing the following tasks:

1. Working out physical education programs and directing the implementation thereof.

2. Setting criteria for physical training and assessing the results of the learners� physical training;

3. Training, fostering and ensuring enough physical training and sport teachers and lecturers;

4. Stipulating the system of physical training and sport competition in schools.

Article 16.- Schools shall have the responsibility:

1. To implement physical education programs for the learners;

2. To organize extracurricular physical training and sport activities;

3. To build necessary material bases to meet the requirements of physical training and sport teaching and activities in schools.

Article 17.- Physical training and sport teachers and lecturers in schools have the task of giving lessons in full and with quality under the physical education programs; organize extracurricular physical training and sport activities; discover and foster sport aptitudes.

Physical training and sport teachers and lecturers are entitled to occupational allowances on physical training and sports according to the Government�s stipulations.

Article 18.- Learners have the task of learning according to physical education programs; are encouraged and provided with conditions to take part in physical training and sport activities; and are fostered to develop their sport aptitudes.

Article 19.- The Ho Chi Minh Communist Youth Union, the Ho Chi Minh Young Pioneer League, the Students� Association and the Pupil Parents� Associations in schools shall have to encourage and support the learners to participate in physical training and sport activities.

Chapter IV

HIGH-ACHIEVEMENT SPORTS

Article 20.-

1. High-achievement sports mean the athletes� sport training and competition activities whereby high achievements and sport records are considered cultural values as well as the people�s strength and creativeness.

2. The State develops high- achievement sports with a view to bringing into full play the athletes� physical capabilities, will and sport skills in order to obtain high achievements in sport competitions.

Article 21.-

1. The sport training contents must be comprehensive and scientific, combining the professional training to raise the sport achievements with the ethical education and the raising of educational levels of athletes.

2. The sport training methods must bring into the fullest play the athletes� capabilities, activeness, voluntariness and collectiveness as well as their will in training and competition, heightening their sense of citizen responsibility.

3. The sport training contents and methods must be reflected in sport training programs in conformity with the sport training objectives.

Article 22.- The State adopts policies and measures to develop high- achievement sports; builds up professional sport forces; encourages organizations and individuals to take part in the training and fostering of sport talents; and creates conditions for athletes to learn, practice and raise their professional levels, and record outstanding achievements in sport competitions.

Article 23.-

1. To be selected to the national sport teams, athletes must fully meet the following conditions:

a/ Being Vietnamese citizens;

b/ Having professional capabilities and qualifications compatible with the selection criteria of each sport;

c/ Possessing good moral qualities.

2. Overseas Vietnamese meeting all conditions prescribed in Clause 1 of this Article shall be selected to national sport teams for international competitions in accordance with Vietnamese law and regulations of international sport tournaments.

3. Branches, localities and establishments having athletes selected to the national teams shall have to create conditions for those athletes to fulfill the task of practices and international sport competitions.

The Commission for Physical Training and Sports shall stipulate in detail the selection of athletes to the national sport teams.

Article 24.-

1. Athletes selected to national sport teams for competition in tournaments must fully satisfy the conditions prescribed at Points b and c, Clause 1, Article 23 of this Ordinance.

2. Overseas Vietnamese and foreigners residing and working in Vietnam who fully meet the conditions prescribed in Clause 1 of this Article are allowed to compete in tournaments in the country according to the provisions of Vietnamese law.

The competent State management bodies in charge of physical training and sports shall prescribe in detail the selection of athletes to sport teams.

Article 25.- The Commission for Physical Training and Sports shall specify conditions for the grade promotion of athletes, coaches and referees; decide the grade promotion of athletes, coaches and referees; recognize the grade promotion of Vietnamese athletes, coaches and referees by international sport organizations.

Article 26.- The State shall step by step build and develop professional sports with regard to the sports where conditions permit.

The Government shall stipulate in detail the professional sports.

Article 27.-

1. Forms of high- achievement sport competition organized in Vietnam:

a/ The sport festivals; regional, continental and world sport tournaments organized in Vietnam;

b/ The national physical training and sport festivals;

c/ The annual national tournament for each sport game;

d/ The physical training and sport competitions as well as tournaments for different sports of branches, provinces and centrally-run cities.

2. The Prime Minister shall permit the organization of sport tournaments specified at Points a and b, Clause 1 of this Article.

3. The minister-chairman of the Commission for Physical Training and Sports shall permit the organization of sport tournaments specified at Point c, Clause 1 of this Article.

4. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People�s Committees of the provinces and centrally-run cities shall permit the organization of sport tournaments specified at Point d, Clause 1 of this Article.

Article 28.-

1. Conditions for the organization of high-achievement sport tournaments:

a/ Having the tournament regulations adopted by the competent State management bodies in charge of physical training and sports;

b/ Having tournament organizing committees set up by the hosting agencies or organizations;

c/ Having material bases and technical facilities that meet the tournament organization requirements and getting approval from the competent State management bodies in charge of physical training and sports.

2. The tournament organizers, coaches, referees and athletes participating in sport competitions must be honest, showing the sport ethics, and must not use pharmaceuticals and methods banned in sport competitions.

Article 29.-

1. Forms of recognition of athletes� high achievements in sport competitions:

a/ Recognizing national records in different sports;

b/ Awarding sport medals.

c/ Recognizing competition achievements in international tournaments.

2. The Commission for Physical Training and Sports shall recognize national records in different sports as well as sport competition achievements in international tournaments, and award sport medals.

Article 30.- The titles, sport medals, badges, pennants and symbols of high- achievement sport tournaments as well as the marketing and advertising activities in sports must conform with the national cultural identities and the provisions of Vietnamese law.

Article 31.-

1. Athletes are persons having sport talents, who are engaged in regular and systematic practice in one or several sports for participation in high- achievement sport competitions and are recognized by the competent State management bodies in charge of physical training and sports.

Athletes who make great contributions to the cause of physical training and sports of Vietnam and fully satisfy educational conditions shall be given priority in selection for training and recruitment by physical training and sport establishments.

2. Coaches are persons trained in professional sport coaching, who are possessed of good moral qualities and recognized by the competent State management bodies in charge of physical training and sports.

3. Sport referees are persons who administer sport contests and determine the results thereof according to the rules of each sport; are professionally trained, possessed of good moral qualities and recognized by the competent State bodies in charge of physical training and sports.

4. The rights and obligations of sport athletes, coaches and referees shall be stipulated by the Government.

5. Athletes and coaches being foreigners working in Vietnam shall have the rights and obligations provided for in the contracts signed with the employing organizations and in the relevant law provisions.

Chapter V

PHYSICAL TRAINING AND SPORT ESTABLISHMENTS, VIETNAM OLYMPIC COMMITTEE, NATIONAL SPORT FEDERATION

Section 1. PHYSICAL TRAINING AND SPORT ESTABLISHMENTS

Article 32.-

1. Physical training and sport establishments are set up under physical training and sport development planning and plans of the State, branches and localities; and organized in form of public or non-public physical training and sport establishments.

2. The State sets up public physical training and sport establishments to meet the requirements of developing the cause of physical training and sports; encourages organizations and individuals to set up non-public physical training and sport establishments to meet the social demand for physical training and sport activities.

Article 33.-

1. Physical training and sport establishments include:

a/ The physical training and sport universities and colleges, which are set up to train and foster administrators, teachers, lecturers, coaches and referees; conduct scientific research into physical training and sports; and participate in the training of sport talents;

b/ The national sport training centers, which are set up to carry out the training plans of national sport teams and national juvenile sport teams;

c/ The physical training and sport centers, which are set up for coaching, training and practice sport teams of branches, provinces, centrally-run cities, urban and rural districts, provincial capitals and cities; as well as for training and fostering of sport talents;

d/ The physical training and sport vocational schools, which are set up to train and foster physical training and sport administrators, teachers and instructors at the grassroots level;

e/ The juvenile sport schools and centers, which are set up to organize and guide the sport practice for young people; discover and foster young sport talents;

f/ The physical training and sport clubs, which are set up to organize and guide physical training and sport activities for practicers;

g/ The physical training and sport service establishments, which are set up to provide services on physical training and sport practice, performance and competition at people�s requests.

2. The physical training and sport establishments shall have to comply with the operation purposes and contents already approved by the competent State bodies in charge of physical training and sports; manage and employ officials and employees in their respective establishments and use land, projects, facilities and finance according to the provisions of law.

The physical training and sport establishments are entitled to receive and use financial supports and assistance of organizations and individuals according to law provisions.

Article 34.-

Conditions for setting up physical training and sport establishments:

1. Having a contingent of physical training and sport officials and employees suited to the operation contents;

2. Having necessary material bases and technical facilities;

3. Having an operation plan approved by the competent State management body in charge of physical training and sports.

Article 35.-

1. The competence to set up physical training and sport establishments is stipulated as follows:

a/ The Prime Minister shall decide the establish-ment of physical training and sport universities;

b/ The Minister of Education and Training shall decide the establishment of physical training and sport colleges;

c/ The Minister-Chairman of the Commission for Physical Training and Sports shall decide the establishment of national physical training and sport centers;

d/ The ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government shall decide the setting up of their attached physical training and sport establishments;

e/ The presidents of the People�s Committees of all levels shall decide the setting up of physical training and sport establishments under their respective management.

The authority competent to decide the setting up of a physical training and sport establishment shall also have competence to suspend the operation, merger, division, split or dissolution of such physical training and sport establishment.

2. Physical training and sport service establishments set up by organizations or individuals must register their professional operation contents with the competent State bodies in charge of physical training and sports in localities and operate according to the provisions of law.

Article 36.-

1. The physical training and sport establishments shall enjoy land, tax and credit preferences prescribed by law;

2. The physical training and sport establishments shall have the responsibility to assist and create conditions for children, elderly and disabled persons to take part in physical training and sport activities.

Article 37.- Technical criteria for material bases, sport projects and facilities as well as sport practice and competition conditions of physical training and sport establishments shall be stipulated by the Commission for Physical Training and Sports.

Section 2. VIETNAM OLYMPIC COMMITTEE

Article 38.-

1. Vietnam Olympic Committee is a social physical training and sport organization operating on the principle of self-management and according to law provisions.

2. Vietnam Olympic Committee is subject to the State management of physical training and sports by the Commission for Physical Training and Sports.

3. The Prime Minister shall permit the establishment and ratify the Statute on organization and operation of Vietnam Olympic Committee.

Article 39.-

Vietnam Olympic Committee shall represent Vietnam�s sports in the international Olympic movement.

Vietnam Olympic Committee shall have to take part in the development of domestic physical training and sport movement, support operations of the National Sport Federations; and join the Commission for Physical Training and Sports in making preparation for Vietnamese sport delegations to participate in international Olympic Games.

Article 40.- Vietnam Olympic Committee is entitled to receive financial supports and assistance from domestic and foreign organizations and individuals, and use and manage these financial sources according to the provisions of law.

Section 3. NATIONAL SPORT FEDERATIONS

Article 41.-

1. A National Sport Federation or National Sport Association (hereinafter referred collectively to as the National Sport Federation) is a social organization for a sport, which operates on the principle of self-management according to law provisions.

2. The National Sport Federations are subject to the State management of physical training and sports by the Commission for Physical Training and Sports.

3. The Prime Minister shall permit the establishment and ratify the Statutes on organization and operation of the National Sport Federations.

Article 42.- The National Sport Federations shall have to gather, unite and encourage their members to take part in the development of their respective sports in the country; organize tournaments within the system of national sport competition; manage lists of athletes, coaches and referees of the respective sports; organize international tournaments in Vietnam; and send athletes and selected teams to international sport competitions.

Article 43.-

The National Sport Federations are provided with financial support and conditions by the State for their operations, entitled to receive financial supports from domestic and foreign organizations and individuals, and to manage and use such financial sources according to the provisions of law.

Chapter VI

INTERNATIONAL COOPERATION ON PHYSICAL TRAINING AND SPORTS

Article 44.- The State adopts policies and measures to boost the international cooperation on physical training and sports on the basis of respect for each other�s independence, sovereignty, equality and mutual benefits in accordance with the provisions of Vietnamese law and international agreements which the Socialist Republic of Vietnam has signed or acceded to; thereby contributing to enhancing the friendly and cooperative relations as well as mutual understanding among nations.

Article 45.- Contents of international cooperation on physical training and sports:

1. Organizing and participating in international physical training and sport performances and competitions;

2. Effecting investment cooperation on physical training and sports;

3. Elaborating and implementing programs and projects on physical training and sports;

4. Conducting scientific research and application as well as transfer of advanced technologies in the field of physical training and sports;

5. Training, fostering and exchanging sport specialists, coaches, athletes and referees;

6. Exchanging information and experiences in the field of physical training and sports;

7. Combating negative phenomena in physical training and sport activities.

Article 46.-

1. The State encourages and creates conditions for Vietnamese organizations and individuals to take part in activities concerning international cooperation on physical training and sports. Vietnamese physical training and sport specialists, coaches and athletes may work overseas according to the provisions of law.

2. The Vietnamese State encourages and creates conditions for foreign organizations and individuals as well as overseas Vietnamese to enter into cooperation on physical training and sports with Vietnamese organizations and individuals. Foreign physical training and sport specialists, coaches and athletes may work in Vietnam according to the provisions of law.

Article 47.- The setting up of physical training and sport establishments in Vietnam by overseas Vietnamese, foreign organizations and individuals as well as international organizations shall be stipulated by the Government.

Chapter VII

STATE MANAGEMENT OF PHYSICAL TRAINING AND SPORTS

Section 1. CONTENTS AND AGENCIES OF STATE MANAGEMENT OF PHYSICAL TRAINING AND SPORTS

Article 48.- Contents of State management of physical training and sports:

1. Elaborating and directing the implementation of, strategy, planning, plans and policies for physical training and sport development;

2. Promulgating and organizing the implementation of, legal documents on physical training and sports;

3. Stipulating the organization of the apparatus for the State management of physical training and sports;

4. Organizing and directing the training and fostering of athletes, coaches, instructors, referees, administrators, teachers, lecturers and physical training and sport personnel; as well as sport training and competitions;

5. Mobilizing, managing and using resources for physical training and sport development;

6. Organizing and managing the scientific and technological research and application in the field of physical training and sports;

7. Organizing and managing international cooperation on physical training and sports;

9. Organizing and directing the commendation and reward in physical training and sport activities;

10. Inspecting, examining, settling complaints and denunciations and handling violations of the legislation on physical training and sports.

Article 49.-

1. The Government exercises the unified State management of physical training and sports.

2. The Commission for Physical Training and Sports is responsible before the Government for exercising the State management of physical training and sports.

3. The ministries, the ministerial-level agencies and the agencies attached to the Government shall, within the ambit of their tasks and powers, have to exercise the State management of physical training and sports.

The Government shall specify the responsibilities of ministries, ministerial-level agencies and agencies attached to the Government in coordination with the Commission for Physical Training and Sports to exercise the State management of physical training and sports.

4. The People�s Committees of all levels shall perform the function of State management of physical training and sports in their respective localities according to the Government�s stipulations.

Article 50.- The physical training and sport inspectorate is the specialized physical training and sport inspectorate.

The organization, tasks and powers of the specialized physical training and sport inspectorate shall be provided for by the Government.

Section 2. PHYSICAL TRAINING AND SPORTS DEVELOPMENT SOURCES

Article 51.- Financial sources for investment in physical training and sport shall include:

1. State budget allocation for investment in physical training and sport development;

2. Revenues from physical training and sport activities and services; financial supports and assistance from domestic and foreign organizations and individuals as prescribed by law.

Article 52.-

1. The State invests in the construction of major physical training and sport projects; trains human resources and foster sport talents; supports the physical training and sport development in localities that meet with difficult or extremely difficult socio-economic conditions.

2. The financial investment sources for physical training and sport development must be used for the right purposes and in an efficient manner according to law provisions.

Article 53.-

1. The State encourages and creates conditions for domestic and foreign organizations as well as individuals to invest in and support the development of the cause of physical training and sports. Enterprises� contributions and financial supports for physical training and sports shall be accounted into the enterprises� reasonable expenses and the contributions of enterprises and individuals shall not be included in their taxable incomes as prescribed by law.

2. Organizations and individuals that invest in the construction of public physical training and sport facilities, provide supports in cash or properties for physical training and sport development shall be considered for recognition in appropriate forms.

Article 54.-

1. The ministries, the ministerial-level agencies, the agencies attached to the Government and the People�s Committees of all levels shall have to implement the planning on the use of land for physical training and sport projects.

2. When planning the construction of schools, population quarters or camps of the people�s armed force units, the physical training and sport projects must be included in the general planning for construction.

3. The physical training and sport projects must be arranged in areas convenient for people�s participation in activities thereat.

4. Agencies, organizations and individuals shall have to use for the right purposes and in an efficient manner physical training and sport projects as well as the land reserved therefor.

Chapter VIII

COMMENDATION, REWARD AND HANDLING OF VIOLATIONS

Article 55.- Organizations and individuals that record achievements in the building and development of the cause of physical training and sports as well as in physical training and sport activities shall be commended or rewarded according to law.

Article 56.- The material reward regime for athletes and coaches who record outstanding achievements in domestic and international tournaments shall be stipulated by the Government.

Article 57.-

1. Any persons who commit acts of violating the tournaments� regulations or sport competition rules; tricking in sport competition; using pharmaceuticals and methods banned in sport practice and competition shall be sanctioned according to decisions of the National Sport Federations.

2. Officials and employees who commit acts of violation directly related to the violations stipulated in Clause 1 of this Article shall be disciplined according to the provisions of law.

3. Any person who commits one of the following acts shall, depending on the nature and seriousness of his/her violation, be disciplined, administratively sanctioned or examined for penal liabilities; and, if causing damage, pay compensation therefor as prescribed by law:

a/ Abusing sport competition for unlawful gambling or betting;

b/ Appropriating or using financial sources, land and material bases which are reserved exclusively for physical training and sports for the wrong purposes;

c/ Disturbing public order at places of sport practice, performance or competition;

d/ Other acts violating the legislation on physical training and sports.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 58.- This Ordinance takes effect as from the date of its promulgation.

The earlier provisions contrary to this Ordinance are all now annulled.

Article 59.- The Government shall stipulate in detail and guide the implementation of this Ordinance.

On behalf of the National Assembly Standing Committee

Chairman

NONG DUC MANH